Manoj Kumar v. State

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANOJ KUMAR ..... Petitioner Through: Mr.Vikas Padora and Mr.Vaibhav Aggarwal, Advocate versus STATE ..... Respondent Through:

Ms.Kamna Vohra, A.S.C. for the State with SI Mukesh Kumar, PS Civil Lines.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 30.03.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of three months on the ground to visit village Bankapur, Gautam Budh Nagar, UP for distribution of property, to construct remaining part of Plot No.330, Gali No.6, Uttrakhand Enclave, Shastri Park near Nathupura, Delhi as well as for maintaining social ties with his family and society.

2.

Learned counsel for the Petitioner submits that another ground for seeking parole is to maintain social ties and as per Parole/Furlough Guidelines 2010, one of the objectives of framing the said guidelines was 'to protect social ties'.

3.

It is mentioned in the petition that the petitioner had made representation to the Respondent/State praying for grant of parole which has

been rejected by the Respondent vide order No.F.18/560/2014/HG/3834 dated 12.08.2015.

4.

Learned Addl. Standing Counsel for the State submits that appropriate order may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi. 5.

Nominal roll of the petitioner is already placed on record, perusal of which shows that the conduct of the petitioner in last one year is mentioned as 'Satisfactory'.

6.

Considering the facts and circumstances of the case, the prayer for grant of parole is allowed to the extent that the Petitioner is granted parole for a period of four weeks from the date of his release, on his furnishing personal bond in the sum of ` 10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:- (i) Since the petitioner he is visiting village Bankapur, Gautam Budh Nagar, UP for participating in distribution of property, the Petitioner shall keep the SHO/Duty Officer, P.S. Civil Lines, Delhi informed about his place of residence in Delhi as well as his place of residence in his village and his contact numbers i.e. mobile, landline or both. He shall further inform the SHO/Duty Officer, Civil Lines, Delhi as to the period for which he shall be staying in his native town.

(ii) The Petitioner shall report on every Monday at 11 AM to the Duty Officer of the concerned Police Station/Police Post under the jurisdiction of which, the Petitioner shall stay during the period of parole in his village. (iii) While submitting the bail bond, he will furnish to the Jail Superintendent the address and the contact numbers of the place where he

would reside in Delhi during the period of parole. 7.

It is, however, made clear that on expiry of the parole period, the Petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court. 8.

Writ Petition stands allowed in the above terms. 9.

The Petitioner be informed through the Jail Superintendent about the order passed.

Order dasti.

PRATIBHA RANI, J.

MARCH 30, 2016 'da'